Kenneth Cesta at Carlton Fields

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

9/6/2024 / Arbitration , Arbitration Agreements , Arbitration Procedural Rules , Arbitrators , Contract Terms , Insurance Litigation , Judicial Review , Motion to Compel

Alabama Federal Court Seals and Approves FLSA Settlement Agreement, Addresses Confidentiality Provision

The plaintiff was employed by defendant Pilot Catastrophe Services Inc. as an insurance claims adjuster, where she was responsible for inspecting property damage claims and providing damage estimates to insurance companies....more

6/21/2024 / Arbitration , Collective Actions , Employment Litigation , Fair Labor Standards Act (FLSA) , Misclassification , Motion to Compel , Salaried Employees , Settlement Agreements , Unpaid Overtime , Wage and Hour

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

5/31/2024 / Adverse Employment Action , Arbitration , Arbitration Awards , Arbitrators , Employees , Employment Litigation , Hiring & Firing , Labor Disputes , MI Supreme Court , Standard of Review , Unions , Vacated

Second Circuit Affirms District Court Order Confirming Chinese Arbitration Award

In Huzhou Chuangtai Rongyuan Investment Management Partnership v. Qin, the Second Circuit Court of Appeals affirmed a district court order granting summary judgment confirming a Chinese arbitration award totaling...more

5/10/2024 / Arbitration , Arbitration Awards , China , CIETAC , Foreign Arbitral Awards , Summary Judgment

Third Circuit Reverses Order Denying Motion to Compel Arbitration, Holds Arbitration Clause in Consumer Financing Agreement Is...

In Mancuso v. MDG USA Inc., the Third Circuit Court of Appeals considered defendant MDG’s appeal of an order denying its motion to compel arbitration of the plaintiff’s lawsuit alleging violations of state and federal fair...more

4/18/2024 / Arbitration , Arbitration Agreements , Banking Sector , Federal Arbitration Act , Financial Contracts , Financial Services Industry , Fraud , Motion to Compel , Statutory Violations

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

In Johnson v. Lowe’s Home Centers LLC, the Ninth Circuit Court of Appeals affirmed a district court order granting defendant Lowe’s motion to compel arbitration of plaintiff Maria Johnson’s individual claims brought under...more

3/27/2024 / Arbitration , Arbitration Agreements , Employment Contract , Labor Disputes , Lowes , Motion to Compel , Private Attorneys General Act (PAGA) , Reinsurance , State Labor Laws

Eleventh Circuit Dismisses Appeal From Order Compelling Arbitration and Staying Case for Lack of Jurisdiction

The Eleventh Circuit Court of Appeals dismissed, sua sponte, a district court order that granted defendant Trina Solar (U.S.) Inc.’s motion to compel arbitration and stay the underlying case. The court did not address the...more

2/14/2024 / Arbitration , Arbitration Agreements , Interlocutory Orders , Lack of Jurisdiction , Motion to Compel

Ninth Circuit Reverses Order Denying Motion to Compel Arbitration, Concluding “Delegation Provision” Is Enforceable

Noting the court was deciding, as a matter of first impression, “what a party must do to specifically challenge a delegation provision and what a court may consider when evaluating this challenge,” the Ninth Circuit Court of...more

1/26/2024 / Arbitration , Arbitration Agreements , Coinbase , Coinbase Inc v Bielski , Consumer Complaint Management , Contract Disputes , Delegation Clauses , Digital Assets , Digital Wallets , Electronic Fund Transfer Act , Motion to Compel , Regulation E , Trading Platforms , Unconscionable Contracts , Unenforceable Contract Terms

Third Circuit Affirms Order Denying Motion to Compel Arbitration After AAA Declines to Administer Arbitration

The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more

1/23/2024 / American Arbitration Association , Arbitration , Arbitration Agreements , Binding Arbitration , Contract Terms , Credit Reports , Damages , Fair Credit Reporting Act (FCRA) , Financial Services Industry , Loan Applications , Motion to Compel , Statutory Violations

District of Illinois Directs Insurer to Supplement Record to Support Privilege Based on “Common Interest Doctrine”

In Ansur America Insurance Co. v. Borland, the U.S. District Court for the Southern District of Illinois addressed a discovery dispute involving claims brought by Ansur America Insurance Co. against the law firm Ansur...more

12/11/2023 / Attorney-Client Privilege , Common-Interest Privilege , Discovery , Discovery Disputes , Illinois , Insurance Claims , Insurance Litigation , Motion to Compel

Ninth Circuit Affirms District Court Order Granting Motion to Compel Arbitration of Discrimination Claims

In Jackson v. Applied Materials Corp., the Ninth Circuit Court of Appeals affirmed a district court order granting a motion to compel arbitration of the plaintiff’s discrimination and retaliation claims, finding the...more

12/7/2023 / Arbitration , Arbitration Agreements , Employment Discrimination , Employment Litigation , Motion to Compel , Retaliation

SDNY Confirms Arbitration Award Under New York Convention

In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

11/10/2023 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , Foreign Arbitration Clauses , New York , New York Convention , Punitive Damages

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

11/8/2023 / Arbitration , Arbitration Agreements , Employees , Employment Discrimination , Employment Litigation , Family and Medical Leave Act (FMLA) , Federal Arbitration Act , Federal Labor Laws , Labor Law Violations , Motion to Compel , Pregnancy Discrimination , Retaliation , Unpaid Wages , Wage and Hour

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

10/18/2023 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Contract , Employment Litigation , Employment Policies , Hiring & Firing , Motion to Compel , Race Discrimination , Unconscionable Contracts

Third Circuit Reverses District Court Order Compelling Arbitration, Highlighting That Arbitration and “Expert Determinations” Are...

The Third Circuit Court of Appeals has reversed a district court decision compelling arbitration, finding that the parties’ designation of an accounting expert to resolve certain issues did not constitute an agreement to...more

9/15/2023 / Arbitration , Dispute Resolution , International Arbitration , Motion to Compel

Ninth Circuit Affirms District Court Order Denying Motion to Compel Arbitration of Discrimination Claims

In Perez v. Discover Bank, the Ninth Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of the plaintiff’s discrimination claims, finding that the mandatory arbitration provisions...more

9/13/2023 / Arbitration , Arbitration Agreements , De Novo Standard of Review , Discrimination , Loan Agreements , Loan Applications , Motion to Compel , Student Loans

District of Maryland Holds Insurance Policy’s Appraisal Provision Constitutes Enforceable Arbitration Clause Under FAA

In Travelers Casualty Insurance Company of America v. Papagiannopoulous, the U.S. District Court for the District of Maryland addressed the issue of whether a real estate “appraisal provision” included in an insurance policy...more

8/21/2023 / Appraisal , Arbitration , Commercial Real Estate Market , Consumer Insurance Products , Federal Arbitration Act , Insurance Claims , Insurance Litigation , Policy Terms , Travelers

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

8/16/2023 / Arbitration , Arbitration Agreements , Employment Contract , Employment Litigation , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Labor Law Violations , Putative Class Actions , Wage and Hour

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

7/26/2023 / Arbitration , Arbitration Agreements , Automotive Industry , Employment Litigation , Employment Policies , Hiring & Firing , Labor Law Violations , Layoff Notices , Layoffs , Separation Agreement , Tesla , WARN Act

South Carolina Supreme Court Finds Contract Did Not Involve Interstate Commerce and Reverses Order Compelling Arbitration

In Hicks Unlimited, Inc. v. UniFirst Corporation, the Supreme Court of South Carolina agreed with a trial court ruling that the underlying contract between the parties, which included mandatory arbitration “to be governed by...more

7/7/2023 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Interstate Commerce , Mandatory Arbitration Clauses , Motion to Compel

California District Court Finds Defendants’ Conduct Was Not Arbitrary and Capricious Under Administrative Procedure Act

Citing the Administrative Procedure Act (APA), and recognizing the role of the district court in reviewing a final agency determination under the act, the U.S. District Court for the Northern District of California granted...more

6/16/2023 / Administrative Procedure Act , Arbitrary and Capricious , Arbitration , California , Cancellation Rights , Commercial Insurance Policies , Crop Insurance , Department of Agriculture , Risk Management

Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement

In Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, the Alabama Supreme Court reversed opinions of the trial court that had denied motions to compel arbitration and held...more

6/14/2023 / AL Supreme Court , Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Contract , Employment Litigation , Motion to Compel , State Labor Laws

Third Circuit Joins Other Circuits, Holds Uber Drivers Are Not Exempt From FAA

In Singh v. Uber Technologies Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed district court orders granting defendant Uber Technologies Inc.’s motion to compel arbitration, concluding that the...more

5/26/2023 / Arbitration , Arbitration Agreements , Corporate Counsel , Federal Arbitration Act , Motion to Compel

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

5/24/2023 / Americans with Disabilities Act (ADA) , Arbitration , Arbitration Awards , Disability Discrimination , Employment Litigation , Failure to Accommodate , Federal Arbitration Act , Hiring & Firing , Retaliation , Workplace Injury

Second Circuit Affirms Order Denying Application to Adjourn Enforcement of Arbitration Award Pending Outcome of Parallel Foreign...

In Iraq Telecom Ltd. v. IBL Bank S.A.L., defendant IBL appealed an order from the district court that denied its application to stay the enforcement of a $3 million arbitration award rendered in favor of plaintiff Iraq...more

5/3/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Foreign Arbitral Awards , International Arbitration

Kenneth Cesta

Carlton Fields

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